View of the representatives of the EFTA States and the EFTA Surveillance Authority presented at the meeting of the EC Advisory Committee on restrictive agreements and dominant position of 3 March 2014 regarding a preliminary draft Commission decision in Case AT.39952 Power Exchanges — Rapporteur: the Netherlands
Date: 2014-03-03
Institutions: EFTA Surveillance Authority
Subjects: electrical energy, fine, infringement of EU law, inter-company agreement, market-sharing agreement, restriction on competition, spot market, trading operation








C_2014334EN.01002801.xml










25.9.2014   


EN


Official Journal of the European Union


C 334/28





View of the representatives of the EFTA States and the EFTA Surveillance Authority presented at the meeting of the EC Advisory Committee on restrictive agreements and dominant position of 3 March 2014 regarding a preliminary draft Commission decision in Case AT.39952 Power Exchanges
Rapporteur: the Netherlands
(2014/C 334/09)






1.


The representatives of the EFTA States and the EFTA Surveillance Authority share the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee.










2.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practices between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA.










3.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practices contained in the draft decision.










4.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA.










5.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the object of the agreement and/or concerted practices was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA.










6.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU.










7.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission’s assessment as regards the duration of the infringement.










8.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that a fine should be imposed on the addressees of the draft decision.










9.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the value of sales.










10.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the basic amounts of the fines.










11.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that there are no aggravating and no mitigating circumstances applicable in this case.










12.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that it does not apply any increase to the fines for the purpose of deterrence in this case.










13.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.










14.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the final amounts of the fines.










15.


The representatives of the EFTA States and the EFTA Surveillance Authority recommend the publication of its opinion in the Official Journal of the European Union.